Legal Opinion

In re the Estate of Schneider

New York Surrogate's Court

Decided September 18, 1970Published

1Opinion of the Court

Otto C. Jaeger, S.

In this contested probate proceeding, the proponent has moved for an order striking out paragraph 8 of the respondent’s objections because the allegation does not comply with the requirements of CPLR 3016 (subd. [b]). The allegation is the stereotype form for fraud and undue influence and reads as follows: “8. That the said document so offered for probate was not freely and voluntarily executed by anna j. sohneider, the decedent herein as her last Will and Testament, but that the said document was obtained, if in fact it was subscribed or published by the said testatrix, by…

2Cases cited4 opinions

  1. In re the Estate of HeughesNew York Surrogate's Court · 1932
  2. In re the Probate of the Last Will & Testament of HoneAppellate Division of the Supreme Court of the State of New York · 1929
  3. In re the Probate of the Will of DixonNew York Surrogate's Court · 1956
  4. In re the Probate of the Will of BaumNew York Surrogate's Court · 1958

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